R 408.22339 Informal review of complaints by employees.

Rule 2339. (1) The department shall notify a complaining party, in writing, when any of the following determinations are made regarding a complaint under R 408.22338: (a) There are no reasonable grounds to believe that an inspection or investigation should be conducted. (b) Based on an inspection or investigation conducted pursuant to the complaint there are no reasonable grounds to believe that the alleged violation exists. (2) The department shall notify the employer, in writing, of a determination made pursuant to subrule (1)(b) of this rule. (3) The complaining party may obtain informal review of a determination made pursuant to subrule (1) by submitting a written statement of position to the department. The department may hold an informal conference in which the complaining party may orally present the complaining party’s views. The employer may attend the informal conference at the discretion of the department. (4) After considering all written and oral views presented, the department shall do either of the following: (a) Affirm, modify, or reverse the determination made in subrule (1)(a) of this rule. (b) Order a reinspection or reinvestigation, issue a citation if it is believed that the inspection or investigation disclosed a violation, or affirm the determination made in subrule (1)(b) of this rule. (5) The department shall furnish the complaining party with a written notification of the final disposition of the complaint and the reasoning for the final disposition. The final disposition of the complaint by the department is not subject to further departmental review.